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GELLER v. COUNTY LINE AUTO SALES, INC.

No. 572, Docket 95-7570.

86 F.3d 18 (1996)

Leon GELLER, Eli Bloom, Irwin Katz, James E. Farley, Mark Herrmann, Trustees of GNY Automobile Dealers Health & Welfare Trust, Plaintiffs-Appellants, v. COUNTY LINE AUTO SALES, INC., Carmine Bellofatto, Patrick DeJoseph, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided June 6, 1996.

Attorney(s) appearing for the Case

Terrence P. O'Reilly, Foley, Hickey, Gilbert & O'Reilly, New York City, for Plaintiffs-Appellants.

Robert M. Sullivan, Law Offices of Ira J. Greenhill, New York City, for Defendants-Appellees.

Patrick DeJoseph, Hewlett, New York, Defendant-Appellee Pro Se.

Before OAKES, WINTER, and WALKER, Circuit Judges.

WALKER, Circuit Judge:

The plaintiffs, the trustees of the GNY Automobile Dealers Health and Welfare Trust (the "Trust"), commenced this action against County Line Auto Sales, Inc. ("County Line") and two of its officers, Carmine Bellofatto and Patrick DeJoseph, to recover moneys allegedly fraudulently obtained in violation of federal and state law. The plaintiffs appeal from a May 17, 1995 memorandum and order of the United States District Court for the Eastern District...

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